Pincus’ suit says because of the amount of ice Starbucks uses in their iced beverages, customers often end up with half of the amount of drink that is listed on Starbucks’ menus in fluid ounces. The suit alleges that Starbucks is purposefully tricking customers into paying for more product than what they are provided with.

“The word ‘beverage’ is defined as ‘a drinkable liquid.’ Ice is not a ‘beverage’ by definition. Accordingly, Starbucks actually gives the customer much less beverage in the cold drinks they order and pay for,” the lawsuit says.

“Starbucks’ Cold Drinks are underfilled to make more money and higher profits, to the detriment of consumers who are misled by Starbucks’ intentionally misleading advertising practices,” the lawsuit continues.

The suit suggests that Starbucks start using larger cups so that the company can sell the amount of advertised liquid, along with ice.

Pincus is suing Starbucks for $5 million and the suit said it is on behalf of any customer who has bought a cold drink at Starbucks within the past 10 years.